In re R.T.: Is it Constitutional?

July 30, 2017 by Robert Franklin, Esq, Member, National Board of Directors, National Parents Organization

This continues my discussion of the grave miscarriage of justice that is the California Supreme Court’s decision in the case of In re R.T.

Not only did the Court reach its decision without apparently any evidence with which to support a finding that R.T. runs a “substantial risk of harm,” it approved the child’s removal from her mother’s care despite there being no finding of unfitness, neglect or abuse by her. In a previous appellate court decision, that very course of action was rejected and with good reason. In In re Precious D., another case (like In re R.T.) dealing with an incorrigible daughter whom the mother was unable to control, the court made the obvious and correct observation.